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New York & Porto Rico S.S. Co. v. United States

July 25, 1933

NEW YORK & PORTO RICO S.S. CO.
v.
UNITED STATES



Appeal from the District Court of the United States for the Southern District of New York.

Author: Chase

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

Neither party excepted to the findings of fact upon which the judgment was based.

They are as follows:

"Findings of Fact.

"1. The plaintiff is a New York corporation with its principal office and place of business at 25 Broadway, City, County, State and Southern District of New York.

"2. In April and May, 1928, four Spanish aliens, Manuel Perez Manas, alias Francisco Cofresi, Diego Reguena y Capparos, alias Domingo Luciano; Diego Haro y Gonzales, alias Mercedes Rodriguez, and Damian Flores Martinez, alias Horacio J. Carrero, proceeded from Santo Domingo City to San Juan, Porto Rico, upon plaintiff's steamship Coamo. Each held a passage ticket in the name of the person under whose alias he traveled. Manas and Gonzales possessed affidavits of citizenship in the names of Cofresi and Rodriguez, respectively, purporting to have been sworn to before a United States Vice Consul by Cofresi and Rodriguez, claiming Porto Rican birth, and United States citizenship. Caparros and Martinez each possessed birth certificates in the name of Martinez and Carrero, respectively, purporting to show that the person under whose alias each traveled was born in Porto Rico of parents who later became Americans and purporting to come from official sources in Porto Rico. The said affidavits of citizenship were as follows:

"'American Consular Service

"Dominican Republic, City and Province of Santo Domingo Consulate of the United States of America. ss:

"'Personally appeared before me, William B. Lawton, Vice Consul of the United States of America at Santo Domingo, D. R., duly commissioned and qualified -- Francisco Cofresi, and being placed on oath according to law, did depose and swear:

"'I am a citizen of the United States of America, residing at Cabo Rojo, Porto Rico, having been born in Cabo Rojo, Porto Rico, on October 17, in the year 1899, of parents who later became Americans.

"'That I have been abroad since September 15, 1924 sailing from Guanico, Porto Rico, for the port of La Romana, D.R. in the SS "Romanita."

"'That I am making this declaration for the purpose of establishing my American citizenship in order to proceed to the United States (Porto Rico) to reside and ...


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